Kan. Admin. Regs. § 82-9-11 - Refund or collection of freight charges based upon commission findings
(a) Except as
otherwise provided, when the commission finds that a railroad must make refunds
on freight charges collected, or that the railroad is entitled to collect
additional freight charges, but the amount cannot be ascertained upon the
record before it, the party entitled to the refund or the railroad entitled to
collect additional monies shall immediately prepare a statement showing details
of the shipments involved in the proceeding.
(b) The statement shall not include any
shipment not covered by the commission's findings. If the shipments moved over
more than one route, a separate statement shall be prepared for each route and
each statement shall be separately numbered. However, shipments which, in each
instance, have the same collecting carrier may be listed in a single statement
if grouped according to routes.
(c) Each prepared, certified statement shall
be filed with the commission and it shall then consider entry of an order
awarding refunds or authorizing collection of additional freight charges.
(d) If a rail carrier wishes to
waive the collection of amounts due when such amounts are more than $2,000, a
petition for appropriate authority shall be filed by the carrier on the special
docket by submitting a letter of intent to waive insignificant amounts. These
petitions shall contain the following information:
(1) The name and address of the customer for
whom the carrier wishes to waive collection;
(2) The name and addresses of the carriers
involved in the intended waiver and a statement certifying that all carriers
concur in the action;
(3) The
amount intended to be waived;
(4)
The points of origin and destination of the shipments and the routes of
movement; and
(5) A brief
statement of justification for the intended waiver, including the anticipated
costs of billing, collection and/or litigation if the waiver is not permitted.
(e) If the amount to be
waived is $2,000 or less, no petition need be filed prior to the waiver. A
letter of disposition informing the commission of the action taken, the date of
the action, and the amount waived shall be submitted to the commission within
30 days of the waiver.
(f)
Petitions to waive the collection of undercharges or waive the collection of
insignificant amounts shall be made available by the commission for public
inspection five days after receipt, and shall remain available for 25 days. Any
interested person may protest the granting of a petition by filing a letter of
objection with the commission within 30 days of commission receipt of the
petition. Letters of objection shall clearly state the reasons for the
objection, and shall certify that a copy of the letter of objection has been
served on all parties named in the petition. A period of 15 days shall be
allowed for reply from the respondent.
(g) Any petition which is not contested
within 30 days shall be considered an order of the commission authorizing the
action contemplated in the petition. In such a case the order shall take effect
45 days after commission receipt of the petition. Within 30 days after the
expiration of the 45-day period, the carrier filing the petition shall file a
letter of disposition informing the commission of the date of the action and
the amount paid or waived.
Notes
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